Amy Green

The respondent on a motion to change brought an interim motion seeking retroactive child support from 2020 through 2025 and an order compelling the applicant father to finalize the divorce.

The court held that despite the general discouragement of interim motions within motions to change, the threshold was met where the material facts regarding the child's residence and the parties' incomes were largely undisputed.

Interim child support orders were made for 2021 through 2025 based on Line 15000 incomes, without prejudice to the final hearing.

The court also ordered the father to proceed with the divorce within 30 days, finding no legal disadvantage warranting delay and rejecting the argument that the divorce should await resolution of overpayment claims.

The applicant brought a motion to change a final order, seeking sole decision-making responsibility and the imputation of income to the respondent for child support purposes.

The respondent brought a cross-motion seeking sole decision-making responsibility and a reduction in child support due to a change in employment.

The court dismissed both parties' requests to change decision-making responsibility, finding no material change in circumstances despite their high-conflict relationship.

The court declined to impute income to the respondent, finding her underemployment was justified by reasonable educational needs, but adjusted child support based on her current and anticipated income.